Traditional Culture Encyclopedia - Traditional virtues - The process of police station handling theft cases

The process of police station handling theft cases

According to China's "Procedures of Public Security Organs Handling Criminal Cases" 1, the scene should be investigated first. After receiving a report from the informant, the public security organ makes a registration form for filing a case, and after the initial investigation, it may, in accordance with the relevant laws and regulations, take measures that do not restrict the personal and property rights of the investigated object, such as inquiry, inquiry, inspection, appraisal and obtaining evidence materials.

2. Extract evidence. Physical evidence mainly refers to the touching objects that the actor may have touched at the scene, as well as other items left by the actor at the scene. After these physical evidences are extracted from the scene, they must be processed in the laboratory to show potential important physical evidences such as handprints and glove prints.

3. Lost property analysis. According to the stolen person's statement and on-site analysis, the stolen goods are classified and registered as a reference for sentencing after solving the case.

4. On-site visit. Through the investigation and understanding of the stolen people and the surrounding people, as well as video materials, further evidence can be obtained. Narrow the scope of suspects and gradually identify suspects.

5. solve the case. Lock the suspect according to the evidence and arrest him.

6. Transfer for review and prosecution. After trial, if the suspect confessed to the theft, the public security bureau handed it over to the procuratorate for prosecution.

legal ground

"Procedures of Public Security Organs in Handling Criminal Cases" Article 170 A public security organ shall register the relevant evidential materials provided by kidnappers, informants, accusers, prosecutors and surrenders, make a list of evidential materials, which shall be signed by kidnappers, informants, accusers and surrenders, and shall be properly kept. When necessary, photos should be taken or audio-visual recordings should be made.

"Procedures of Public Security Organs in Handling Criminal Cases" Article 171 When accepting a case, a public security organ shall make a case registration form and a case receipt, and give the case receipt to the informant, informant, accuser and informant. If the sender, informant, accuser and informant cannot get in touch or refuse to receive the receipt, they shall indicate it on the receipt.

"Procedures for Handling Criminal Cases by Public Security Organs" Article 172 A public security organ staff member who receives a complaint or report shall explain to the complainant or informant the legal liability for false accusation and frame-up. However, as long as it is not fabricated facts or evidence, even if the facts of accusation and report are different, or even false accusation, it should be strictly distinguished from false accusation.

Article 193 of the Procedures for Handling Criminal Cases by Public Security Organs When investigating a crime, public security organs shall take compulsory measures and investigation measures in strict accordance with legal conditions and procedures. It is strictly forbidden to take coercive measures and investigation measures against criminal suspects only on suspicion without evidence.

"Procedures for Public Security Organs to Handle Criminal Cases" Article 194 When public security organs conduct investigation activities such as inquest, inspection, search, identification, sealing up and seizure, they shall invite relevant citizens to testify. The following persons shall not be witnesses of investigation activities: (1) persons who are physically and mentally defective or young, do not have the corresponding ability to distinguish or cannot express correctly; (two) people who have an interest in the case and may affect the fair handling of the case; (3) Staff members of public security organs or personnel employed by them. If it is really impossible for a qualified person to serve as a witness due to objective reasons, the relevant investigation activities shall be recorded and recorded in the whole process, and the relevant information shall be indicated in the transcript.

Article 196 of the Procedures for Handling Criminal Cases by Public Security Organs: If a party, defender, agent ad litem or interested party commits one of the following acts against the public security organ and its investigators, he has the right to appeal or accuse: (1) If the compulsory measures are not lifted, lifted or changed within the statutory time limit; (2) The bail bond that should be returned has not been returned; (3) Take measures of sealing up, distraining and freezing the property irrelevant to the case; (four) the seizure, seizure and freezing should be lifted; (5) Seizing, misappropriating, dividing up, exchanging or using the sealed-up, seized or frozen property in violation of regulations. The public security organ that accepts the complaint or accusation shall conduct investigation and verification in time, make a decision on handling the complaint or accusation within 30 days from the date of receiving it, and give a written reply to the complainant or accuser. If the public security organ and its investigators are found to have one of the above acts, they should be corrected immediately.

Article 197 of the Procedures for Handling Criminal Cases by Public Security Organs If a public security organ at a higher level discovers that a public security organ at a lower level has committed an illegal act as stipulated in the first paragraph of Article 196 of these Provisions, or fails to handle a complaint or accusation in accordance with the provisions, it shall order the public security organ at a lower level to make corrections within a time limit, and the public security organ at a lower level shall immediately execute it. When necessary, the public security organ at a higher level may directly make a decision on the complaint or accusation.